Shri Prakash Singh Si (Pno- ... vs State Of U.P. Thru. Addl. Chief ...
2023 Latest Caselaw 26095 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2023:AHC-LKO:61705
 
Court No. - 20
 

 
Case :- WRIT - A No. - 6895 of 2023
 

 
Petitioner :- Shri Prakash Singh Si (Pno- 862662675)
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. / Chief Secy. Home Deptt. Lko. And 7 Others
 
Counsel for Petitioner :- Manish Kumar Mishra,Naveen Mishra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Manish Mathur,J.

1. Heard learned counsel for petitioner and learned State Counsel appearing on behalf of opposite parties.

2. Petition has been filed challenging orders dated 03.08.2023 and 16.08.2023 whereby pay fixation pertaining to petitioner has been revised and recovery of an amount of Rs.2,22,686/- has been directed from petitioner salary.

3. It has been submitted that earlier pay fixation pertaining to petitioner holding the post of Sub-Inspector was done in the year 2008 and by means of impugned orders, re-fixation and recovery thereof is sought to be made after more than 15 years. It is further submitted that prior to issuance of impugned orders, no show cause notice or opportunity of hearing was given to petitioner which is against the dictum of Hon'ble the Supreme Court in the case of State of Punjab & Ors. versus Rafiq Masih (White Washer) & Ors. reported in (2015) 4 SCC 334.

4. Learned State counsel has refuted submissions advanced by learned counsel for petitioner with the submission that an incorrect pay fixation was afforded to petitioner which does not given any vested right to continue with regard to same since such wrong fixation and excess payment of salary would be a burden on the public exchequer.

5. Upon consideration of submissions advanced by learned counsel for parties and perusal of material available on record, it is quite evident that impugned orders have sought to revise pay fixation pertaining to petitioner done in the year 2008 and recovery has also been directed to be made from salary of petitioner. Impugned orders also make it evident that no show cause notice or opportunity of hearing was given to petitioner prior to passing of the impugned orders. The impugned orders also may come within the exceptions enunciated by Hon'ble the Supreme Court in the case of Rafiq Masih (supra).

6. Considering the aforesaid facts, the impugned orders dated 03.08.2023 and 16.08.2023 are quashed by issuance of a writ in the nature of certiorari granting liberty to opposite parties to pass fresh orders in accordance with law but only after affording opportunity of hearing to petitioner and in accordance with judgment of Hon'ble the Supreme Court in the case of Rafiq Masih (supra).

7. Resultantly, the petition succeeds and is allowed at the admission stage itself. Parties to bear their own costs.

Order Date :- 25.9.2023

Subodh/-